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2009 Supreme(MP) 440

A.P.SHRIVASTAVA
Chairman, M. P. State Electricity Board, Jabalpur – Appellant
Versus
Mulu @ Moolchandra – Respondent


Advocates:
Vivek Jain for appellants;
Shishir Saxena for respondents No.1 & 2.

JUDGMENT

1. Appellants-defendants No.2 to 4 have filed this appeal under section 96 of the Code of Civil Procedure, 1908, arising out of the judgment and decree dated 18.4.2006 passed by the learned Additional District Judge, Lahar, District Bhind, in Civil Suit No.2-B/05 by which the compensation for Rs.3,00,000/- was allowed by the Court to be paid to the respondent-plaintiffs No.1 and 2.

2. As per the plaint allegations, on 31.3.2003 early in the morning the deceased Santosh who was the son of the respondents No.1 and 2 was going from his village Rahawali Uwari to lndurkhi fair by his bicycle. It is alleged that when the deceased reached the agricultural fields of Baccha Saheb and Mahesh Singh, an electricity supply wire snapped and fell on the side wall of the canal. The deceased Santosh came into contact with the falling wire and died on the spot due to electrocution. The deceased was a young man of about 26 years of age and was earning about Rs.5,000/ - per month from agriculture and from the business of selling milk. Therefore, it is alleged that the wire had fallen due to negligent act of the appellants.

3. By way of compensation, Rs. 4,00,000/- were claimed by the responde











































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